JUDGMENT ENTERED
CLAIM AGAINST TRUSTEE. (Per United Press Association.) Dunedin, December 21. Mr Justice Kennedy gave judgment to-day in the case Shiel v. Stables in a claim for £648. Stables was trustee in a bankrupt estate. The Bank of New Zealand, upon plaintiff’s guarantee, had rendered available a sum stated to defendant which sum plaintiff had been compelled to pay as defendant had failed to do so.
His Honour gave jurgment against the trustee for the amount stated with costs. A trustee carrying on business and entering into commercial transactions was in no different a position from an executor or trustee who carried on the business. He might have certain rights of indemnity extending both to assets and as against a person benefiicially entitled if sui juris, but towards creditor as such he himself was personally liable. Even a receiver and manager appointed by the Court for carrying on an existing business was prima facie personally liable upon contracts made by him as such ' receiver and manager, and must look for indemnity to the assets of the business.
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Southland Times, Issue 21895, 22 December 1932, Page 11
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178JUDGMENT ENTERED Southland Times, Issue 21895, 22 December 1932, Page 11
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